State v. Phipps

DAVIS, Circuit Judge.

Defendant was found guilty by a jury of two counts of sexual contact with a minor under the age of fifteen. SDCL 22-22-7. He was sentenced on each count for a period of fifteen years in the State Penitentiary, said terms to run consecutively. Defendant appeals from the judgment of conviction and sentence.

Defendant moved from Wisconsin to South Dakota in April of 1980. He lived with his sister, Delores Wilson, and her three children near Ethan, South Dakota. Sometime after arriving in South Dakota, defendant returned to Wisconsin for a two-week visit. While there, a…